Mark decided to work on a particular client’s project without a written agreement or contract stating the terms of the association.

The client later refused to pay Mark for his work.

The client then began to freely use Mark’s work claiming (1) there was no written or verbal contract for services and no “course of dealing understanding” between them and (2) and that based on the lack of any formal agreement Mark retained no copyright ownership interest or rights in the work he contributed to the project.

Mark feels the client not only ripped off his creative input and artwork but he seems to have been able to misappropriate the copyright interest in his work. Mark has proof his client is using his artwork.

Is there anything Mark can do? You bet there is!

Valid Transfer of Copyright Ownership

Let’s assume that Mark has a valid copyright in his own artwork even when he has produced the work under a client’s requests and directions. Can the client claim ownership of Mark’s copyright in the work? Continue reading →

Generally, a trademark is a symbol, a design or logo of some kind, a slogan, a device, a musical jingle, or even a trade name like Frank Finkelstein’s Fabulous Falafel, which can uniquely distinguish your goods or services from all similar goods or services available in the market place.

The life of a trademark begins with a great idea for a mark or device that can absolutely singularize your product or service from all other competitors out there.

But that is only the starting point.

The odyssey for securing a trade identity really begins when the company needs to meet the challenge of doing all the things necessary to hold on tight to that very unique, differentiating and identifying mark and formally keep the mark for use as its very own.

When is a Formal Trademark Needed?

The best way to understand when or why a business might need to take the steps needed to formally register a logo or a trade name they are using in the marketplace as their trademark is take a look at Continue reading →

For most graphics designers, it’s hard enough juggling the rigors of running a business or staying on top of a hectic freelance schedule.

Add to that the mountain of confusing information surrounding intellectual property (IP) rights, and a vast sea of frustration, and even borderline apathy, might quickly ensue.

However, graphic designers have good reason to get to know the specifics about their IP rights.

Once work is created and made available to the public, the chances of someone claiming the work as their own or reproducing it without giving proper credit can skyrocket in today’s technologically advanced, share-friendly culture. Nothing is more infuriating than discovering that your creative ability is being exploited by someone who has neither the permission nor the right to do so.

Quality Work Needs Quality Protection

Getting the facts about intellectual property laws and how they affect your design work is something that simply cannot be put off.

That’s because just about all the work that designers produce falls under the category of intellectual property, and the wisest thing to do with intellectual property is to protect it.

Remember, just because there is no tangible product involved in your creative process does not mean your work deserves any less protection, or compensation, than other valuable business assets.

Graphics designers also must be prepared to go beyond simply protecting their own work. They also need to make sure they don’t end up infringing someone else’s work as well.

In the design field, as in any other, it’s considered extremely disrespectful and ethically inconsiderate to use someone else design without permission.

It’s imperative that designers stay abreast of what is and is not allowed when it comes to using the images, photos and design elements of other artists and creators.

Fact 1. The Difference Between a Copyright and a Trademark is Use

Several types of intellectual property rule the graphics design world.

There are differences here that are essential to know for interactions with clients as well as for protecting your ideas and creative work.

The two most important IP rights for graphics designers are copyrights and trademarks.

Copyright. A copyright protects any completed graphic element whether registered or not. Even though you Continue reading →